HomeMy WebLinkAboutAgenda - 02-09-2006-9a; VAD Ranells-BergmannORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 9, 2006
Action Agenda
Item No. _9_-g___
SUBJECT: Voluntary Agricultural District Designation: Ranells-Bergmann Property
DEPARTMENT: Environment and Resource
Conservation
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1) Application
2) ERCD Staff Memo, Vicinity Map & Soils
3) Certification from NRCS
4) Certification from Tax Supervisor
5) Memo to Agricultural Preservation
Board
6) APB Minutes from January 12, 2006
INFORMATION CONTACT:
David Stancil, ERC Director, 245-2590
PURPOSE: To consider an application from Noah Ranells and Ben Bergmann for certification
as qualifying farmland within the Cane Creek/Buckhorn Voluntary Agricultural District.
BACKGROUND: Noah Ranells and Ben Bergmann, owners of a 61-acre farm on Buckhorn
Road in Bingham Township, have applied to have their property (known as Fickle Creek Farm)
designated as a certified qualifying farm for the Cane Creek/Buckhorn Agricultural District. The
County's adopted Voluntary Farmland Protection Ordinance (VFPO) provides that the
Agricultural Preservation Board review and approve applications for qualifying farmland, and
make recommendations to the Board of Commissioners concerning the establishment and
modification of agricultural districts, Section VII of the Voluntary Farmland Protection Ordinance
contains the requirements for inclusion in a voluntary agricultural district (VAD). To be certified
as qualifying farmland, a farm must:
Consist of a minimum of 20 contiguous acres;
2, Be participating in the farm present-use-value taxation program established by
N,C,G.S, §105-277.2 through §10,5-277.7, or is otherwise determined by the county
to meet all the qualifications of this program set forth in G,S. 105-277.3;
3. Be certified by the Natural Resources Conservation Service of the United States
Department of Agriculture as being a farm on which at least two-thirds of the land is
composed of soils that:
a, Are best suited for providing food, seed, fiber, forage, timber, forestry
products, horticultural crops and oil seed crops;
b.. Have good soil qualities;
c. Are favorable for all major crops common to the county where the land is
located;
d. Have a favorable growing season; and
e, Receive the available moisture needed to produce high yields for an average
of eight out of ten years;
OR Have been actively used in agricultural, horticultural or forestry operations as
defined by N,C,G,S, §105-277.2 (1,2,3) during each of the five previous years,
measured from the date on which the determination must be made as to whether
the land in question qualifies;
4, Be managed, if highly erodible land exists on the farm, in accordance with the
Natural Resources Conservation Service defined erosion-control practices that are
addressed to said highly-erodible land; and
5. Be the subject of a conservation agreement, as defined in N.C,G,S, §121-35,
between the County and the owner of such land that prohibits non-farm use or
development of such land for a period of at least ten years, except for the creation
of not more than three lots that meet applicable County zoning and subdivision
regulations.
This tract exceeds the 20-acre minimum size requirement to participate in the VAD program,
The Orange Soil and Water Conservation District Office (NRCS) and the Tax Supervisor have
provided memoranda (attached) which indicate that Fickle Creek Farm complies with the
certification requirements outlined in the VFPPO (see Attachments #3 and #4).
To be designated as part of a Voluntary Agricultural District, the Board of Commissioners must
approve the application that the farm in question meets the certification requirements.
Following BOCC approval, the property owner(s) sign a conservation agreement, as provided in
the North Carolina General Statutes, between Orange County and the owner(s) that prohibits
non-farm use or development of such land for a period of at least ten (10) years, except for the
creation of not more than three (3) lots that meet applicable Orange County zoning and
subdivision regulations (see Attachment #7), The property owner(s) may leave the program by
providing a written notice,
At it's January 12, 2006 meeting, the Agricultural Preservation Board voted unanimously to
approve the certification of Fickle Creek Farm (TMBL # 6.3.,12A) as qualifying farmland. The
Agricultural Preservation Board recommends the designation of Fickle Creek Farm
totaling 60.59 acres as a certified qualifying farm in the Cane Creek/Buckhorn Voluntary
Agricultural District.
FINANCIAL IMPACT: There is no fiscal impact associated with this item. Voluntary
Agricultural Districts are non-monetary conservation agreements.
RECOMMENDATION(S): The Manager recommends that the Board certify Fickle Creek Farm
as qualifying farmland and designate it as part of the Cane Creek/Buckhorn Voluntary
Agricultural District.
Orange County Agricultural Preservation Board
APPLICATION FOR CERTIFICATION AS QUALIFYING FARMLAND
AND DESIGNATION AS AN ORANGE COUNTY
VOLUNTARY AGRICULTURAL DISTRICT
INSTRUCTIONS: Before completing the application, please review the provisions of the Orange
County Voluntary Farmland Preservation Program Ordinance, then fill out the
form as accurately and completely as possible. Please sign and date the form, and
return it to the Orange County Environment and Resource Conservation
Department, 306A Revere Road, Hillsborough, NC 27278
APPLICANT: ~ ( rte,
Name: IVll'Otl~~ ~ p~C~ I S h- Ln~E~7VI ~GrG Yl'tCv47 rl
Address: '-Y ~ ~iZ' s~ J c.~ ~rVl t~C
City: ~1 GM-/~ ~1 State: 1`1 ~- Zip Code: ~ ~ ~-~
Phone Number (Day): °~ I ~ LfS~~- (Evening) S a/~'i~-a-.
E-Mail: ~i~ Ca'"G'C ~ ~ Yr~e(~~~ • t~
PROPERTY INFORMATION:
Property Location/Address: 5C~tit'- -
Township:4'~+_t~_>/ -I'axMnap: 3~" .12A Block: Lot:
Pazcel Identification Number (PIN): / ~ ~2- ~ ~y~ ~ N ~ ~ ~ 6 ' 1
Number of Acres: G Q ~~5 Deed Book: J 3 Page: ~ ~1'
q~2. 33
Does this land have a plan on file with the Natural Resources Conservation Service or NC Forest
Service?
Yes: No: It `No", please complete back of form
Is this land lis g for Present Use taxation with [he Orange County Tax Office?
Yes:~No: If "No", please complete back of form
OWNER[S7 CERTIFICATION:
I [We], the applicant(s), hereby certify that, to the best of my [our] knowledge, the foregoing
application..is~7c~omplete and acc/t~uate.
Signature: bevtti~L ~'/C.3 Date: ~ /'~D t/ d5'
Please direct inquiries to:
c% Orange Cortnty Envvm:ment and Resource Conservation Deparhnenf
30GA Revere Road
Hillsborough, NC 27278
Ilillsborough • 732-8181 Chapel Hill • 967-93SI Durham • 688-7331 Mebane • 2?7-?031
4
SiJPPLEMENTARY INFORMATION:
2 How tong have you lived on your farm? veazs
3. Has your farm exceeded $1,000 in gross income in each of the past three years?
4. How many acres on your farm are under cultivation? acres
5. What aze the major crops that you plant each yeaz?
6. How many acres on your farm aze used for pasture? acres
ORANGE COUNTY
ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT
MEMORANDUM
To: Brent Bogue, District Conservationist
John Smith, Tax Supervisor
From: Tina Moon, Land Use/Preservation Planner
Date: November 15, 2005
Subject: Ranells-Bergmann Property
Application for Certification as Qualifying Farmland
Please find attached the application from Noah Ranells and Ben Bergmann for Certification as
Qualifying Farmland. The owners of Fickle Creek Farm have submitted this form as part of the
application process far the County's Voluntary Agricultural District Program. The property is
listed for present-use taxation program and has a plan on file with the Natural Resources
Conservation Service or North Carolina Forest Service,
To secure such certification, a tract must:
1, Be participating in the present use-value taxation program established
by the NC General Statutes, Sections 105-277,2 through 105-277.7, or is
otherwise determined by the County to meet all the qualifications of this
program set forth in the NC General Statutes, Section 105-277,3,
[Response to be provided by Tax Supervisor]
2. Be certified by the Natural Resources Conservation Service of the United States
Department of Agriculture (NRCS) as being a farm on which at least two-thirds
of the land is composed of soils that:
a, Are best suited for providing food, seed, fiber, forage, timber, and
oil seed crops;
b. Have good soil qualities;
c. Are favorable for all major crops common to Orange County;
d, Have a favorable growing season; and
e, Receive the available moisture needed to produce high yields for
an average of eight (8) out of ten (10) years; OR be one on which at
least two-thirds of the land has been actively used far agricultural,
horticultural ar forestry operations as defined in the NC. General Statutes,
5
Millerflpplication for Certification ns Qualifying Farurlmrd
Page ?
Section 105-277.2 (1,2, and 3), during each of the five (5) previous
years, measured from the date on which the determination must be
made as to whether the land in questions qualifies,
[Response to be provided by District Conservationist]
3. Be managed, if highly erodible land exists on the farm, in accordance with
the NRCS-defined erosion control practices as specified in the 1985 Food
Security Act.
[Response to be provided by District Conservationist]
In accordance with Section V of the Orange County Voluntary Farmland Preservation Ordinance,
you have 30 days within which to evaluate the application for compliance with the above
requirements and return your finding to the Environment and Resource Conservation
Department, In your response, please be as specific as you can be regarding how the property
complies. Provided the property is certified as qualifying farmland, and the Agricultural
Preservation Board recommends designation as a voluntary agricultural district, the Board of
Commissioners could consider the request in early spring of 2006,
Please note that the proposed agricultural district is comprised of one tract located in Bingham
Township containing, just under, 61 acres, Revisions to the Voluntary Farmland Protection
Program, adapted in June of this year, reduced the minimum participating farm size
requirement to 20 acres, At 60.95 acres, Fickle Creek Farm exceeds the minimum requirement.
Please find the attached vicinity map showing the boundaries of the property and a tabulation
of acreage by soil type. You may wish to refer to these in completing your review.
Thank you for your assistance in this matter. Please feel free to contact me at extension 2583,
if I can answer any questions or provide additional information.
/tm
attachments
cc: David Stancil, Environment and Resource Conservation Director
RANELLS-BERGMANN PROPERTY SOIL ANALYSIS
Soil Type Description Total Acreage*
HrB Herdon silt loam, 2 to 6 ercent slo es 47.89
HrC Herndon silt loam, 6 to 10 ercent slo es 12.53
L Li num silt loam, 0 to 3 ercent slo es 0.04
(Mapping discrepancies) q.49
Totals 60.95
*TMBL# 6.3..12A
8
Voluntary Agricultural ®istrict (Noah Ftanells & Ben Bergmann)
TMBL 6,3„12A/PIN 9842-05-4746/60.95 Acres A Orange County
ERCD
400 0 400 800 Feet November 15, 2005
~o B Young
i
7j Data '~' at
r ~6~
orange Soil & Water
Conservation District
Phone: 919-245-2750
Natural Resources
Conservation Service
Phone: 919-644-1079, Ext. 3
vs®~
®---
PO Box 8181
306 Revere Road
Hillsborough, NC 27278
.Tanuary 9, 2006
Ta: Tina Maon (ERGO)
From: Brent Bogue (NRCS, DC)
Subject: Ranells / Bergman VAD Documentation
Tina,
Attached you will find the documentation verifying that the Ranells / Bergan tract does meet NRCS
qualifications for enrollment in the Orange County Voluntary Agricultural Districts Program.
If you have any question please feel free to contact me.
Brent Bogu~;~
s~~~. ~ waT1ER
C O N B 8 R V .~ S S O N
Orange Soil & Water
Conservation District
Phone: 919.732-8181, Ext. 2750
Natural Resources
Conservation Service
Phone: 919-644-1079, Ext. 3
USDA
PO Box 8181
306 Revere Road
Hillsborough, NC 27278
10
This report serves to document how the proposed farm qualifies for acceptance into the Voluntary Agricultural
IJistricts in Orange County.
1. Two-thirds of the soils on the farm must:
a. Be suited for providing food, seed, fiber, forage, timber, and oil seed crops.
YES X % 99%
NO
Comments:
b. Have good soil qualities.
YES X
NO
Breakdown of soil classes in percent:
Class I Classes I, II, III are primarily used for cropland
Class II 82
Class III 17 Classes III-VI are generally best suited for pasture
Class IV or woodland.
Class V
Class VI
Class VIII Class VI[I generally unsuited for agricultural use.
Comments:
c. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small
grain, pasture, and loblolly pines.
100 % favorable % unfavorable
d. Have favorable growing season. (YES)
11
The growing season for Orange County is approximately 200 days.. Tt begins in approximately the
second week of April and runs until about the last week in October. This response will be consistent
for all farms in Orange County.
e. Receive the available moisture needed to produce high yields for an average of 8 to 10 years. (YES)
Orange County receives approximately 42-45 inches of rainfall annually, This response will be
consistent for all farms in Orange County.
OR
At least two-thirds of the land has been actively used in agriculture, horticulture or forestry operations as
defined in the NC General Statutes, Section 105-277..2 (1,2, and .3) during each of the five previous years,
measured from the date on which the determination must be made as to whether the land in question qualifies.
Acres in cropland 28.4
Acres in forestland 29.1
Acres in homestead,
farmstead or other
related use 1.3
Total TRACT acres 58.8
Crreater than two-thirds in designated uses.
Yes X % 99
No
Comments:
1. Farm must be managed, if highly erodible land exists on the farm, in accordance with the USDA Natural
Resources Conservation Service (NRCS) defined erosion-control practices as specified in the 1985 Food
Security Act as amended.
Plan on file in NRCS Office YES _XT NO
If NO, plan will be required before acceptance into the Voluntary Agricultural Districts Program.
Comments:
.o
~,,.,. ,
u
"1 cnd ] 2
ORANGE COiTNTY TAX OFFICE
JOHN SMIiH, Jr., CAB 200 SOUTH CAMERON STREET ]O ROBERSON
ASSESSOR P.O. BOX 8185 TAX COLLECTOR
ffiY.LSSOROUGH, NORTH CA120LdPIA 27278
TELEPHONE (919) 73Z-0181, ExA 2100 , FAx 644-3091
November 28, 2005
Tina Moon, Land Use /Preservation Planner
Orange County Environment and Resource
Conservation Department
P O Box 8181
Hillsborough, N.C. 27278
Deaz Tina:
I am in response to your memorandum of November 1 S, 2005 in reference to land owned by Noah
Ranells & Benjamin Bergmann, referenced by tax Map # 6.3..12A. This land teas been participating as
agricultural use in the present use value program as of January 1,2000. Our records indicates there are
17.3 acres of pasture with goats on it. Please call me at 245-2108 if I can be of assistance.
Sincerely,
Teresa Moore
Present Use Value
Program Director
ORANGE COUNTY
ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT
MEMORANDUM
To: Agricultural Preservation Board
From: Tina Moon, Land Use/Preservation Planner
Date: January 5, 2006
Subject: Ranells-Bergmann Voluntary Agricultural District Application
Copies: David Stancil, ERC Director
In November Noah Ranells submitted an application to include his property, Fickle Creek
Farm in the Voluntary Agricultural District (VAD) Program, As you can see from the
attached map and soils analysis chart, the tract is located in Bingham Township and
contains just under 61 acres,
Section V, of the Orange County Voluntary Farmland Protection Ordinance (VFPO)
outlines the required application procedure. Once the application is deemed complete
ERCD staff forwards it to the Tax Assessor and Natural Resources Conservation
Service to ensure that the property meets specific criteria.
ERCD staff received the attached memoranda from NRCS and the Tax Assessor
certifying the Ranells-Bergmann property as qualifying farmland, eligible to participate in
the VAD program. The next step in the process is for the Agricultural Preservation
Board (APB) to determine whether or not it wishes to recommend the application to the
Board of County Commissions.
Please review the attached materials and relevant sections of the VFPO, and be
prepared to consider this application for VAD status. Should the Agricultural
Preservation Board decide to recommend the Ranells-Bergmann property far inclusion
in the County's Voluntary Agricultural District program, ERCD staff will forward the
recommendation along with the appropriate agenda materials to the Board of County
Commissioners far their review and consideration.. The BOCC will make the final
decision to designate the property as a participating farm in the VAD program.
13
DRAFT MEETING SUMMARY 14
AGRICULTURAL PRESERVATION BOARD
January 12, 2006
MEMBERS PRESENT: Tony Kleese, Louise Tate, Mari Trosclair, Elizabeth Walters, Whit Morrow, Marty Mandell,
James and Patricia Wynn.
MEMBERS ABSENT: Vickie Brown, Don Johnson
STAFF: Environment & Resource Conservation Director David Stancil, Preservation Planner Tina
Moon; Noah Ranells Agricultural Economic Specialist and Carol Melton, ERCD staff
ITEM #1: CALL TO ORDER
Chair Kleese called the meeting to order at 8:10 p.m.
ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA
Wynn requested the addition on one item regarding ways to solicit input from younger farmers.
ITEM #3: APPROVAL OF MINUTES November 30, 2005
Kleese entertained a motion for approval of the November meeting minutes.
MOTION: Wynn motioned approval of November 30, 2005 meeting minutes, Seconded by Walters.
VOTE: Unanimous approval.
ITEM #4: ITEMS FOR DECISION
a. Recommendation -Fickle Creek Farm Voluntary Agricultural District Application
Stancil reviewed the application materials and explained the remaining steps in the approval process. Members
noted that the application was complete and that it satisfied all the criteria required by the Voluntary Farmland
Protection Ordinance (VFPO). Kleese entertained a motion for a recommendation.
MOTION: Walters motioned approval to recommend to the County Commissioners that Fickle
Creek Farm be designated part of the Voluntary Agricultural District program. Seconded by Tate..
VOTE: Unanimously approved.
Members thanked Ranells for his interest in the VAD program.
ITEM #5: ITEMS FOR DISCUSSION
a, Potential Letter re: Enhanced VADs (EVADs)
Stancil reviewed that at a previous meeting APB members had discussed a list of the most desirable incentives
for a farm family.. The two key items that came up were tax reductions and relief from the legal fees associated
with frivolous nuisance suits.. The board asked to see the original language for Nouse Bill 607, the new legislation
regarding voluntary agricultural district programs, because the bill changed somewhat with regards to the way that
farmers handled liability issues. The APB discussed the idea of contacting Representative Faison, who
apparently was involved in the language changes. The APB voiced concern over this issue and felt that if a
farmer was sued, particularly on nuisance charges, and the courts ruled that the suit was frivolous the farmer's
attorney fees should be paid by the plaintiff. (The language that was removed spoke to this topic.) Staff was
instructed to get the original bill language and to draft a letter of concerns for the board to look at in February.
Walters and Mandell agreed to work with staff on this task.
b, Issue Paper- Farm Liability Threats from Genetically-Modified and Genetically-Engineered
SeedslCrops
At a previous meeting the APB discussed The Future of Food video and the possible impact of this topic on local
farmers. A small group, including some members of the APB, previewed the video before the holidays before the
video was formally released,° the film is now available for purchase. The film discusses issues associated with the
use of genetically engineered/modified crops. Mandell proposed that the APB provide information about the
OPAFT Ianoary l2.ZWB AO~m+llumi Pmsenallon BOaN Mecll,q Summary Page 1 of3
growing issues associated with genetically modified crops, particularly the liability issues associated with seed 15
drift. Mandell suggested that the information paper should include the following topics:
1. Changes in seed quality (genetically altered seeds;)
2. Corporate controls on organics (patents on seeds);
3 Need for local food standards rather than depending on national or other controls.
Kleese noted that there are liabilities related to organic and non-organic farming involving genetic drift from one
farm to another, He suggested that the county might wish to promote education on the liabilities platform--
protecting any farmer who may wish to grow crops that are not genetically modified. Morrow cautioned the APB
on taking positions on political issues or on offering technical papers that ma.y be beyond their expertise.
Stancil asked for additional instruction on what to include in the "issue paper." Members focused on the liability
issues associated with seed drift. Mandell noted that there is frequent media coverage on this issue. Wynn
asked for clarification on the liability. Kleese explained that; when an organic farmer grows a certified organic
crop and a neighboring farm's genetic variety crop pollen blows over onto the organic crops, the organic farmer
looses market status value to sell his product in the organic market. The organic farmer might also be penalized
with accusations of falsely acquiring the genetic variety of seed. There needs to be recourse for farmers who
want to access the organic market to get damages if they are genetically trespassed upon. Jacobs pointed out
another liability issue for farmers is that seed companies could claim that they own your crops if they found their
genes in your field.
Kleese noted that the BOCC had adopted a resolution against the house bill that would prevent a county from
banning certain genetically engineered crops, The bill gave the authority to the state only. Modifications to the
bill included the formation of a study committee to uncover the facts.
Members agreed an information paper would be consistent with the APB 's mission but that a statement of
position or a recommendation paper would not. The issue paper was intended as an information
gathering/sharing document. Members discussed different views of the APB's role in advising the county
commissioners on this issue. Mandell suggested that the board would benefit from viewing the video, The Future
of Food.
Staff was instructed to draft appropriate awareness paper that speaks to the issue of farm liability threats for APB
discussion at a future meeting.
c. Agricultural Development and Farmland Enabling Act
At a previous meeting, members discussed that under the new VFPO ordinance, the board is made up of one
representative for each district, six at-large representatives and a BOCC liaison. There are currently vacancies
for the White Cross District, Cane CreeWt3uckhorn District and the Caldwell District as well as four at-large seats
with second terms coming to end. (Terms run for two appointments of three years each.) Members also
discussed contacting possible candidates to contact fo fill vacancies.. Stancil reviewed the new legislation (H
607), which could provide another tier to the VAD program. He asked members to think about possible aspects
for discussion at the next meeting. Members agreed to defer this item until a later time.
d. Agricultural Center Work Group status report
Kleese reported on the previous evening meeting with the Agricultural Center Work Group. The group is focusing
on identifying short-term goals and long-term goals for the farming community. Public outreach efforts are
planned for February 14 at the Agricultural Summit and for February 15 at the Southern Human Services Center.
The second forum will focus on collecting input from consumers in the southern part of the county. APB members
are encouraged to participate in both outreach sessicns,
e. February 14, 2006 Agricultural Summit
Kleese reported topics planned for the Agricultural Summit. Smithson Mills will be the keynote speaker and will
speak on value-added partnerships. Other topic include speakers on biodiesel, growing and marketing for new
specialty niche markets, and updates on local programs. Members were encouraged to attend the event, which
will be held at the usual location, the Schley Grange facility.
f, ChairlVice-Chair Elections in February
Stancil reminded the board that annual elections are scheduled for February ac
g. Joint meeting with young farmers to hear their needs and ideas
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16
Wynn requested that the board try to reach out to the young farmers in Orange County and to discuss their needs
and ideas at a future meeting. Stancil suggested some type of panel discussion. Members agreed to think about
possible candidates and questions. Mandell suggested asking about students in the local high school agricultural
program "Future Farmers of America."
h. New Voluntary Agricultural Districts Brochure
At a previous meeting members approved the new VAD brochure for distribution, outreach efforts including
website availability, and distribution to other agricultural agency offices.. Trosclair noted that most brochure
display racks are designed to hold a tri-fold and asked that consideration be given to revising the brochure before
distributing it to other agricultural agency offices.
ITEM #6: ADJOURNMENT
Next meeting date February 15, 2006; 7:30 p.m. at the Planning & Agricultural Building on Revere Road.
MOTION: Morrow motioned to adjourn at 9:30 p m
VOTE: Unanimous approval..
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